A woman was horseback riding at a ranch in New York and was injured when she fell off the horse. The woman had signed a Horse Rental Agreement and Liability Release Form before the accident. The court determined that the rider assumed the risk of injury and the lower court's decision to deny defendant's motion for summary judgment was reversed.

In an action to recover damages for personal injuries, the defendant Deep Hollow, Ltd., i/s/a Deep Hollow and Gardner Leaver Ranch, d/b/a Deep Hollow Ranch, appeals from an order of the Supreme Court, Suffolk County (Underwood, J.), dated October 22, 2004, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.

ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.

The plaintiff allegedly was injured when she fell from a horse while horseback riding at a ranch operated by the defendant Deep Hollow, Ltd., i/s/a Deep Hollow and Gardner Leaver Ranch, d/b/a Deep Hollow Ranch (hereinafter Deep Hollow Ranch). Before her accident, the plaintiff completed a "Horse Rental Agreement and Liability Release Form" (hereinafter the Agreement) in which she indicated that she had over 10 hours of riding experience. She initialed the paragraphs in the Agreement which warned of the risks inherent in horseback riding, including that the horses could stop short or change directions or speed at will. The plaintiff claims that she fell from the horse when, without warning, it took off into a gallop from a canter and her foot dislodged from the stirrup.